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MIESSNER v. ALL DAKOTA INS. ASSOCIATES

No. 18231.

515 N.W.2d 198 (1994)

Sherman MIESSNER, Plaintiff and Appellant, v. ALL DAKOTA INSURANCE ASSOCIATES, INC., a South Dakota Corporation, Stanley Rudge, individually and as an officer of All Dakota Insurance Associates Inc., and Leanne Weideman, Defendants and Appellees.

Supreme Court of South Dakota.

Decided April 13, 1994.

Attorney(s) appearing for the Case

Robert M. Nash, Wilson, Olson, Nash Becker, Smoot, P.C., Rapid City, for plaintiff and appellant.

Wayne F. Gilbert, Johnson Huffman, P.C., Haven L. Stuck, Rapid City, for defendants and appellees.

SABERS, Justice.

Sherman Miessner (Miessner) appeals summary judgment against him on his malicious prosecution claims for (1) forgery, (2) larceny and embezzlement, and (3) Wyoming forgery and theft, and on his claims for defamation and abuse of process. We affirm.

Facts

Miessner and Stanley Rudge (Rudge) were partners in the insurance business since May, 1987. Miessner sold property and casualty insurance and Rudge sold life and health insurance...

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